Monday, March 27, 2006

This just in...

Crikey ran two reports last week (item 18 on both 23rd, 24th Mar 06) about Aussie TV networks (namely Ten and Seven) gearing-up to accept viewer input (stills and video) direct to their newsrooms. It makes sense for Ten; their target market can actually use the camera phones to capture and transmit the content in real-time or as close to it for breaking news. But watch out kids, there's a catch:

Terms and Conditions
If you submit any photographs or videos ('footage'), you do so in accordance with the Terms contained in TEN's Website Disclaimer. In particular, and without limiting the terms and conditions in TEN's Website Disclaimer, you agree, in submitting footage to TEN to grant to TEN a perpetual, royalty-free, non-exclusive, unrestricted world-wide licence to use, and license others to use, your footage. Not all footage submitted to TEN will be used and TEN reserves the right to edit any footage sent to it. You hereby consent to your footage being edited by TEN.
So not only will Ten not pay you a cent if/when they use your content, they'll be allowed to sell it to other media and not give you a cent. Seven's no better:
Intellectual Property in Messages

By placing a Message on a Forum, you grant to Seven a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence (Licence) to do the following in respect of the information or material:

* use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and
* sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The Licence also includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. By your acceptance of these Terms of Use, you expressly waive in favour of Seven and any other party authorised by Seven all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Seven, you will execute and deliver to Seven such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
In the unlikely event that I'm ever on the scene of a major newsworthy incident that I manage to record, I'm taking my content to Scoopt. Only a three month exclusive licence (Ten & Seven can stick it perpetually), potential global sales and you actually get some cash out of it. I gotsta get paid.

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Posted by Dean @ 3/27/2006 11:04:00 pm

...Survey says...


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